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Lessor a surety bond in sufficient form and amount, or provide the Lessor with other assurance
<br /> satisfactory to the Lessor that the claim of lien or stop notice will be paid or discharged. If the
<br /> Lessee fails to discharge any lien, encumbrance, charge, or claim in the manner required in this
<br /> Lease, then in addition to any other right or remedy, the Lessor may (but shall be under no
<br /> obligation to) following written notice to Lessee, discharge such lien, encumbrance, charge, or
<br /> claim at the Lessee's expense. Any expense incurred by Lessor pursuant to this Section shall be
<br /> immediately due and payable by Lessee to Lessor as Additional Rent under this Lease. The
<br /> Lessee shall have the right to contest in good faith and by appropriate legal proceedings the
<br /> validity or amount of any mechanics', laborers', materialmen's, suppliers' or vendors' lien or
<br /> claimed lien; provided that the Lessee shall utilize all reasonable means (including the posting of
<br /> adequate security for payment) to protect the Leasehold Estate, the Lessor's Estate and any other
<br /> interest of Lessor in the Land or the Leased Premises against foreclosure. In addition to any
<br /> other indemnities provided in this Lease, Lessee shall indemnify, protect, defend(with counsel
<br /> of Lessor's choosing), and hold harmless the Indemnitees from any and all alleged or actual
<br /> Claims arising by reason of a mechanic's lien or work, labor, services, or materials supplied or
<br /> claimed to have been supplied to Lessee or anyone holding the Leased Premises or the
<br /> Improvements, or any part thereof, through or under Lessee.
<br /> Nothing in this Lease shall be construed as constituting the consent of the Lessor,
<br /> expressed or implied, to the performance of any labor or the furnishing of any materials or any
<br /> specific improvements, alterations of or repairs to the Leased Premises or the Project, or any part
<br /> thereof, by any contractor, subcontractor, laborer or materialman, nor as giving the Lessee or any
<br /> other person any right, power or authority to act as agent of or to contract for, or permit the
<br /> rendering of, any services or the furnishing of any materials in such manner as would give rise to
<br /> the filing of mechanics' liens or other claims against the Lessor's Estate or any other interest of
<br /> Lessor in the Land or the Leased Premises. The Lessor shall have the right at all reasonable
<br /> times to post and keep posted on the Leased Premises any notices which the Lessor may deem
<br /> necessary for the protection of the Lessor and of Lessor's Estate or any other interest of Lessor in
<br /> the Land or the Leased Premises from mechanics' liens or other claims. In addition, but subject
<br /> to the paragraph above, the Lessee shall make, or cause to be made, prompt payment of all
<br /> monies due and legally owing to all persons doing any work or furnishing any materials or
<br /> supplies to the Lessee, or any of its respective contractors or subcontractors in connection with
<br /> the Leased Premises and the Project. The provisions of this Section shall survive the expiration
<br /> or termination of this Lease.
<br /> Section 3.3 Permits, Licenses and Easements. Lessor agrees to use Lessor's best
<br /> reasonable efforts to assist Lessee in obtaining any and all permits, licenses, easements and other
<br /> authorizations required by any Governmental Authority with respect to any construction or other
<br /> work to be performed on the Leased Premises and to grant, or to assist Lessee in obtaining, as
<br /> applicable, all permits, licenses, easements and other governmental authorizations that are
<br /> necessary or helpful for electric, telephone, gas, cable television, water, sewer, drainage, access
<br /> and such other public or private utilities or facilities as may be reasonably necessary or desirable
<br /> in connection with the construction or operation of the Improvements. Payment of all fees, costs
<br /> and expenses associated with any of the foregoing shall be the responsibility of Lessee, and
<br /> Lessor shall have no responsibility to pay any such fees, costs or expenses.
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